A New Hanover County Domestic Violence Case Sends Shock Waves Across the State
A case, Kenton v. Kenton, decided at the Court of Appeals last month is getting quite a bit attention by family law attorneys in North Carolina. Maryellen Kenton and James P. Kenton were husband and wife. Maryellen had obtained a Domestic Violence Protective Order (DVPO) against her husband in January 2010 through an agreement signed by both parties. The agreement stated that the parties entered into the Consent Order without express findings of fact. The Honorable Sandra Ray Criner approved and entered the Consent Order in New Hanover County.
In May 2010, the husband was arrested for assault on Ms. Kenton and entered an Alford guilty plea in October 2010. Ms. Kenton attempted to renew the DVPO in January 2011 citing Mr. Kenton’s guilty plea as evidence that he continues to be a threat. Mr. Kenton moved to dismiss the renewal of the DVPO on the grounds that it was invalid as failing to show he had ever committed an act of domestic violence. The Honorable Jeffrey Evan Noecker took judicial notice of his guilty plea for assault and renewed the order denying his motion to dismiss. The North Carolina Court of Appeals reversed Judge Noecker holding that without a finding that an act of domestic violence had ever occurred, the trial court had no authority to enter a restraining order to prohibit future acts of domestic violence and therefore, the Consent Order was void ab initio.
It has not been uncommon to enter Consent Orders to resolve complaints regarding domestic violence without specific findings of fact so that a spouse has the protection of a restraining order without the other spouse having findings that can be used in a criminal prosecution.
As a result, family law attorneys and some judges are reviewing Domestic Violence Protective Orders entered by Consent throughout the State of North Carolina in the wake of the Kenton holding to determine whether orders entered without findings of fact as to domestic violence are valid. A “flood” of motions to set aside protective orders is expected.
In our practice, we have often used common law restraining orders in lieu of DVPOs to achieve the same goal and they are not affected by the Kenton decision.
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I feel bad for people that can’t afford to have a voice. I was able to have justice served because I could pay. That privilege should not be for the 1%’s of this nation, it needs to be available for everone. When that day happens this boloney will stop once and for all. So I guess the anonymous blogger feels its okay to lie and cheat the court system and we are supposed to sit back and just take it?? Not me, sister, when someone like [name withheld] misleads me, her attorney [name withheld] friends, family and the court system, I WILL fight for the truth. This type of legal loophole abuse has gone on way to long! It is time that people speek up and stop being forced fed one sided shenanigans from these so called women advocates and family court judges who at the end of the day only destroy children and encourage these bad women to daddy bash to there kids. I highly recommend instead of a “consent order” or a DVPO, go for a flat out restaining order. Your anger should not be focused towards me but [name withheld] who was caught lying. [Name withheld] is the one that caused this not me. I mearly was seeking justice and justice was served. Go figure, its always some jerk that wrecks it for everyone else and that jerk was non other than some washed up 40 something year old devorcee person who is soooo scroned. Thanks for your commit.
Some women ABUSE the system….lying about things which have NOT even happened….so I think this was a very good thing that happened….It was an answer to my prayers….Both mother and father have a right to see and spend time with their children…but it seems like some women do not think fathers have this right….Some women have been *abused by their parents* which I am sure can make a HUGE difference in these women raising their children….(it is very sad for the children)….Yes, there are parents who *abuse their own children* and some of them are NEVER punished for what they do….some children are brought up to *never tell family secrets*….which is so very sad….a child is the *product of 2 people* though and this child should not be considered *property of one parent*….without good reason….perhaps women should think about this before they decide to have sex with a man….since at any time the woman might get pregnant with his child….
Anytime a Protection Order is issued….the courts should indeed have finding of facts….and not just a he said/she said thing….(as I think we all know that some people do lie)…
NOW****if the North Carolina General Assembly can come up with something to make sure that children have RIGHTS in NC…..